Test bank for human resource management 10th edition byars

Test Bank for Human Resource Management 10th
Edition Byars
Multiple Choice Questions
(p. 35) The medical school of the University of California
developed a special admissions program to increase
the participation of minority students. Allan Bakke, a
white male, was denied admission to the medical
school in 1973 and 1974. Contending that minority
students with lower grade averages and test scores
were admitted under the special program, Bakke
brought suit. This landmark case of Bakke v University
of California highlights which of the following
concepts?
1.
2.
3.
4.

A. Reverse discrimination
B. Disparate impact doctrine
C. Bottom line concept
D. Utilization evaluation concept

(p. 25) Which of the following employers is NOT covered
under the Civil Rights Act of 1964?
1.
2.
3.
4.

A. Employers with fewer than 15 employees

B. Educational institutions (public and private)
C. State and local governments
D. Employment agencies (public and private)

(p. 30) The Civil Rights Act:
1.

A. provides protection for employees over 40 years of age with regard to
employee benefits.
2. B. places no upper limit on the amount of damages a victim of nonracial,
intentional discrimination can collect.
3. C. permits protected groups to have a jury trial and sue for punitive damages if
they can prove they are victims of intentional hiring or workplace discrimination.
4. D. places the burden of proof on plaintiffs with regard to intentional discrimination
lawsuits.

(p. 26) Provisions of the Age Discrimination in Employment
Act do NOT apply to:
1.
2.
3.
4.

A. employment agencies.
B. labor organizations.
C. private employers of fewer than 20 employees.
D. state and local governments.


(p. 25) Which of the following statements about the Equal

Pay Act of 1963 is true?
1.
2.
3.

A. It prohibits discrimination in rates of pay on the basis of race.
B. It permits differences in wages if the payment is based on seniority or merit.
C. It allows an employer to attain compliance with the act by reducing the wage
rate of any employee.
4. D. The enforcement of the Act is the responsibility of the secretary of labor.

(p. 28) The Pregnancy Discrimination Act (PDA) was passed
as an amendment to the ____.
1.
2.
3.
4.

A. Civil Rights Act
B. Immigration Reform and Control Act
C. Americans with Disabilities Act
D. Family and Medical Leave Act

(p. 26) The Age Discrimination in Employment Act (ADEA)
prohibits discrimination in employment against
individuals aged:
1.
2.
3.
4.

A. 18 through 60.
B. 40 through 69.
C. 60 through 75.
D. 50 through 80.

(p. 31) The Family Medical and Leave Act enables qualified
employees to take:
1.
2.
3.
4.

A. prolonged paid leave for family or health reasons.
B. a prolonged unpaid leave for family or health reasons.
C. multiple brief departures from work without wage or salary loss.
D. indefinite departure from one's job with uninterrupted career advancement.

(p. 25) The Civil Rights Act (1964) prohibits discriminating
employees based on which of the following
characteristics?
1.
2.
3.
4.

A. Language
B. Financial background
C. Age
D. National origin

(p. 35) _____ refers to the condition under which there is
alleged preferential treatment of one group (minority or
women) over another group rather than equal
opportunity.
1.

A. Bottom line concept


2.
3.
4.

B. Disparate impact doctrine
C. Utilization evaluation concept
D. Reverse discrimination

(p. 24) Equal employment opportunity considers all the
following bases for work and advancement EXCEPT:
1.
2.
3.
4.

A. ability.
B. social status.
C. merit.
D. potential.

(p. 24) The Equal Pay Act of 1963 prohibits discrimination in
rates of pay on the basis of ____.
1.
2.
3.
4.

A. race
B. sex
C. ethnicity
D. age

(p. 39) The _____ was established by Executive Order 11246
to ensure that federal contractors and subcontractors
follow nondiscriminatory employment practices.
1.
2.
3.
4.

A. Office of Personnel Management
B. Office of Federal Contract Compliance Programs (OFCCP)
C. National Labor Relations Board
D. Equal Employment Opportunity Commission

(p. 31) Executive Orders are issued by the U.S. ____.
1.
2.
3.
4.

A. Supreme Court
B. Senate
C. Congress
D. President

(p. 34) The _____ provides that when the plaintiff shows that
an employment practice disproportionately excludes
groups protected by Title VII, the burden of proof shifts
to the defendant to prove that the standard reasonably
relates to job performance.
1.
2.
3.
4.

A. reverse discrimination principle
B. disparate impact doctrine
C. bottom line concept
D. utilization evaluation concept


(p. 27) The _____ requires federal buildings to be accessible
to handicapped persons.
1.
2.
3.
4.

A. Rehabilitation Act

B. Immigration Reform and Control Act
C. Civil Rights Act
D. Equal Pay Act

(p. 28) Which of the following is allowed under the
Americans with Disabilities Act?
1.
2.
3.
4.

A. Inquiring about an applicant's ability to perform a job.
B. Limiting advancement opportunities to the disabled.
C. Inquiring whether an individual has a disability.
D. Using tests or job requirements intended to screen out the disabled.

(p. 36) The view that the government should generally not
concern itself with individual components of the
selection process—if the overall effect of that process
is nondiscriminatory—describes the _____ concept.
1.
2.
3.
4.

A. bottom line
B. reverse discrimination
C. disparate treatment
D. utilization evaluation

(p. 31-32) The part of the affirmative action plan that analyzes
minority group representation in all job categories;
past and present hiring practices; and upgrades,
promotions, and transfers is referred to as the ____.
1.
2.
3.
4.

A. balance scorecard
B. bottom line analysis
C. utilization evaluation
D. implementation analysis

(p. 25) A difference between disparate treatment and
disparate impact is that:
1.
2.
3.
4.

A. one is potentially harmful and the other is not.
B. one relates to employment practices and the other does not.
C. one involves discrimination and the other does not.
D. one is intentional and the other is not.

(p. 31) Which of the following statements is NOT true about
the Family and Medical Leave Act?
1.

A. It enables qualified employees to take prolonged unpaid leave for family- and
health-related reasons.


2.

B. Employees can use this leave in the event of the birth, adoption, or placement
for foster care of a child.
3. C. To qualify for the leave, employees must have been employed for at least two
years.
4. D. To qualify for the leave, employees must have worked for no less than 1,250
hours within the previous 12-month period.

(p. 31) Executive orders are issued for the purpose of ____.
1.
2.
3.
4.

A. amending the U.S. constitution
B. giving directions to federal agencies
C. ruling on appealed court cases
D. signing legislation into law

(p. 27) The primary responsibility for enforcing the
Rehabilitation Act lies with the ____.
1.
2.
3.
4.

A. Equal Employment Opportunity Commission
B. Office of Personnel Management
C. National Labor Relations Board
D. Office of Federal Contract Compliance Programs

(p. 25) The Equal Pay Act is actually a part of the:
1.
2.
3.
4.

A. Immigration Reform and Control Act.
B. Rehabilitation Act.
C. Fair Labor Standards Act.
D. Civil Rights Act.

(p. 29) An Ohio county agency denied disability benefits to
an employee who had been laid off at age 61 because
its disability plan cuts off at age 60. This case resulted
in which of the following acts?
1.
2.
3.
4.

A. Age Discrimination in Employment Act
B. Civil Rights Act
C. Rehabilitation Act
D. Older Workers Benefit Protection Act

(p. 32) Executive Order 11246 gave the _____ the authority to
issue regulations dealing with discrimination within
federal agencies.
1.
2.
3.
4.

A. Equal Employment Opportunity Commission
B. National Labor Relations Board
C. local governments
D. D.U.S. Office of Personnel Management (OPM)


(p. 26) Title VII of the Civil Rights Act of 1964 authorized the
creation of the ____.
1.
2.
3.
4.

A. Office of Personnel Management
B. Equal Employment Opportunity Commission
C. Office of Federal Contract Compliance Programs
D. National Labor Relations Board

(p. 28) Several female employees at GE's Salem, Virginia,
plant who were pregnant presented a claim for
disability benefits under the plan to cover the period

they were absent from work as a result of their
pregnancies. The company denied these claims on the
grounds that the plan did not provide disability benefit
payments for such absences. This case had a
significant impact on the passage of the ____.
1.
2.
3.
4.

A. Rehabilitation Act
B. Americans with Disabilities Act
C. Pregnancy Discrimination Act
D. Equal Pay Act

(p. 25) Responsibility for enforcing the Equal Pay Act was
originally assigned to the secretary of labor but on
July 1, 1979 it was transferred to the ____.
1.
2.
3.
4.

A. National Labor Relations Board
B. Equal Employment Opportunity Commission
C. Office of Personnel Management
D. Office of Federal Contract Compliance Programs

(p. 27) Requirement of affirmative action by federal agencies
to provide employment opportunities for handicapped

persons is covered under which of the following laws?
1.
2.
3.
4.

A. Vietnam-Era Veterans Readjustment Assistance Act
B. Americans with Disabilities Act
C. Civil Rights Act
D. Rehabilitation Act

True - False Questions
(p. 25) According to the Equal Pay Act, an employer can
attain compliance with the act by reducing the wage
rate of any employee.
1.

True


2.

False

(p. 30) The Civil Rights Act of 1991 permits women, persons
with disabilities, and persons who are religious
minorities to have a jury trial and sue for punitive
damages if they can prove they are victims of
intentional hiring or workplace discrimination.
1.

2.

True
False

(p. 28) The Office of Federal Contract Compliance Programs
(OFCCP) is responsible for administering the
Pregnancy Discrimination Act (PDA).
1.
2.

True
False

(p. 29) The Americans with Disabilities Act requires
employers to make "reasonable accommodations" for
employees with disabilities.
1.
2.

True
False

(p. 26) The Age Discrimination in Employment Act does not
apply where age is a bona fide occupational
qualification.
1.
2.

True

False

(p. 28) The Equal Employment Opportunity Commission has
taken the view that pregnancy benefits are not
applicable to unmarried employees.
1.
2.

True
False

(p. 25) Disparate treatment refers to unintentional
discrimination involving employment practices that
appear to be neutral but adversely affect a protected
class of people.
1.
2.

True
False


(p. 26) The Equal Employment Opportunity Commission
(EEOC) was created by the Civil Rights Act to
administer Title VII of the act.
1.
2.

True
False

(p. 26) The Age Discrimination in Employment Act covers
employees between 40 and 69 years of age.
1.
2.

True
False

(p. 39) The Equal Employment Opportunity Commission
(EEOC) is an agency within the U.S. Department of
Labor.
1.
2.

True
False

(p. 27) The primary responsibility for enforcing the
Rehabilitation Act lies with the Office of Federal
Contract Compliance Programs (OFCCP) of the
Department of Labor.
1.
2.

True
False

(p. 36) Reverse discrimination refers to the concept which
states that when the overall selection process does

not have an adverse impact, the government will
usually not examine the individual components of that
process for adverse impact or evidence of validity.
1.
2.

True
False

(p. 31) The Family and Medical Leave Act (FMLA), enables
employees to take prolonged paid leave if they are
seriously ill.
1.
2.

True
False


(p. 24) Equal employment opportunity means that an
employer must give preference to women and
minorities in the workplace.
1.
2.

True
False

(p. 26) The Age Discrimination in Employment Act (ADEA),
eliminates mandatory retirement at age 70 for

employees of companies with 20 or more employees.
1.
2.

True
False

(p. 29) In a landmark decision, when an Ohio county agency
denied disability benefits to an employee who had
been laid off at age 61 because its disability plan cut
off at age 60, the Supreme Court ruled that this was a
violation of the Age Discrimination in Employment Act.
1.
2.

True
False

(p. 24) The Equal Pay Act of 1963 prohibits sex-based
discrimination in rates of pay paid to men and women
working in the same or similar jobs.
1.
2.

True
False

(p. 25) The Equal Pay Act prohibits pay discrimination based
on seniority.
1.

2.

True
False

(p. 25) The Equal Pay act of 1963 is actually part of the Fair
Labor Standards Act.
1.
2.

True
False

(p. 29) Older Workers Benefit Protection Act of 1990 provides
protection for employees over 60 years of age.
1.
2.

True
False

Free Text Questions


(p. 28) What impact did the Supreme Court decision, General
Electric Co. v. Gilbert, have on the passage of the
Pregnancy Discrimination Act?
Answer Given

The Supreme Court decision, General Electric Co. v. Gilbert, had a significant

impact on the passage of the Pregnancy Discrimination Act. In that case, General
Electric (GE) provided nonoccupational sickness and accident benefits to all
employees under its sickness and accident insurance plan in an amount equal to
60 percent of an employee's normal straight-time weekly earnings. Several female
employees at GE's Salem, Virginia, plant who were pregnant presented a claim for
disability benefits under the plan to cover the period they were absent from work
as a result of their pregnancies. The company denied these claims on the grounds
that the plan did not provide disability benefit payments for such absences. The
employees filed suit alleging a violation of Title VII, which prohibits sex
discrimination. The Supreme Court ruled that the exclusion of pregnancy-related
absences from the plan did not constitute sex discrimination. As a result of this
decision, in an effort to protect the rights of pregnant workers, Congress passed
the Pregnancy Discrimination Act (PDA) as an amendment to the Civil Rights Act
in 1978. Under the PDA, employers must treat pregnancy just like any other
medical condition with regard to fringe benefits and leave policies.

(p. 26) What is the purpose of the Age Discrimination in
Employment Act (1967)? What are the various
organizations covered by this law? Also list the
exceptions to the law.
Answer Given

The Age Discrimination in Employment Act (ADEA), passed in 1967, prohibits
discrimination in employment against individuals aged 40 through 69. The
prohibited employment practices of ADEA include failure to hire, discharge, denial
of employment, and discrimination with respect to terms or conditions of
employment because of an individual's age within the protected age group.
Organizations covered by the ADEA include the following: • Private employers of
20 or more employees for each working day in each of 20 or more calendar weeks
in the current or preceding calendar year; • Labor organizations; • Employment

agencies; • State and local governments; • Federal government agencies, with
certain differences; for example, federal employees cannot be forced to retire at
any age. One exception specified in the law concerns employees in bona fide


executive or high policymaking positions. The act permits mandatory retirement at
age 65 for high-level executives whose pensions exceed $44,000 a year. Section
4(f) of the ADEA sets forth several conditions under which the act does not apply.
The act does not apply where age is a bona fide occupational qualification, that is,
reasonably necessary to the normal operation of the particular business.
Furthermore, it is not illegal for an employer to discipline or discharge an individual
within the protected age group for good cause, such as unsatisfactory job
performance. Originally, the secretary of labor was responsible for enforcing the
ADEA. On July 1, 1979, the EEOC assumed that responsibility.

(p. 31) Discuss the intent of the Family and Medical Leave
Act (FMLA). What are the eligibility criteria for this
leave?
Answer Given

The Family and Medical Leave Act (FMLA) was enacted on February 5, 1993, to
enable qualified employees to take prolonged unpaid leave for family- and healthrelated reasons without fear of losing their jobs. Under the law, employees can use
this leave if they are seriously ill, if an immediate family member is ill, or in the
event of the birth, adoption, or placement for foster care of a child. To qualify for
the leave, employees must have been employed for at least a year and must have
worked for no less than 1,250 hours within the previous 12-month period.

(p. 29) Discuss the provisions of the Older Workers Benefit
Protection Act of 1990.
Answer Given

Under the Older Workers Benefit Protection Act of 1990, employers may integrate
disability and pension pay by paying the retiree the higher of the two; integrate
retiree health insurance and severance pay by deducting the former from the
latter; and, in cases of plant closings or mass layoffs, integrate pension and
severance pay by deducting from severance pay the amount added to the
pension. The act also gives employees time to consider a company's early
retirement package—21 days for an individual or 45 days if a group is involved.
Employees also have seven days to change their minds if they have signed a
waiver of their right to sue. Coverage of this law is the same as that under the Age
Discrimination in Employment Act.


(p. 28-29) Explain the provisions of the Americans with
Disabilities Act.
Answer Given

In May 1990, Congress approved the Americans with Disabilities Act (ADA), which
gives people with disabilities sharply increased access to services and jobs. Under
this law, employers may not: • Discriminate, in hiring and firing, against disabled
persons who are qualified for a job; • Inquire whether an applicant has a disability,
although employers may ask about his or her ability to perform a job; • Limit
advancement opportunity for disabled employees; • Use tests or job requirements
that tend to screen out disabled applicants; • Participate in contractual
arrangements that discriminate against disabled persons. Employers must also
provide reasonable accommodations for employees with disabilities, such as
making existing facilities accessible, providing special equipment and training,
arranging part-time or modified work schedules, and providing readers for blind
employees. Employers do not have to provide accommodations that impose an
undue hardship on business operations. The bill covers all employers with 15 or

more employees.

(p. 38-39) Which are the two federal agencies that have the
primary responsibility for enforcing equal employment
opportunity legislation in the country? Describe them
in brief.
Answer Given

Two federal agencies have the primary responsibility for enforcing equal
employment opportunity legislation. These agencies are the Equal Employment
Opportunity Commission and the Office of Federal Contract Compliance
Programs. The Civil Rights Act created the Equal Employment Opportunity
Commission (EEOC) to administer Title VII of the act. The commission is
composed of five members—including a chairperson and a vice chairperson—
appointed by the president of the United States, by and with the advice and
consent of the Senate, for a term of five years. Originally, the EEOC was
responsible for investigating discrimination based on race, color, religion, sex, or
national origin. Now it is also responsible for investigating equal pay violations,
age discrimination, and discrimination against disabled persons. The EEOC has
the authority not only to investigate charges and complaints in these areas but
also to intervene through the general counsel in a civil action on the behalf of an


aggrieved party. It also develops and issues guidelines to enforce
nondiscriminatory practices in all of these areas. Unlike the EEOC, which is an
independent agency within the federal government, the Office of Federal Contract
Compliance Programs (OFCCP) is within the U.S. Department of Labor. It was
established by Executive Order 11246 to ensure that federal contractors and
subcontractors follow nondiscriminatory employment practices. Prior to 1978, 11
different government agencies had contract compliance sections responsible for

administering and enforcing Executive Order 11246. The OFCCP generally
supervised and coordinated their activities. In 1978, Executive Order 12086
consolidated the administration and enforcement functions within the OFCCP.

(p. 36) What is the bottom line concept? How did the
Supreme Court view this concept in its Connecticut v.
Teal decision?
Answer Given

The bottom line concept is based on the view that when the overall selection
process does not have an adverse impact, the government will usually not
examine the individual components of that process for adverse impact or evidence
of validity. However, in its Connecticut v. Teal decision, the Supreme Court held
that the nondiscriminatory bottom line results of the employer's selection process
did not preclude the employees from establishing a prima facie case of
discrimination and did not provide the employers with a defense in such a case.
Thus, the conclusion reached from this case is that bottom line percentages are
not determinative. Rather, the EEOC or a court will look at each test to determine
whether it by itself has a disparate impact on a protected group.

(p. 25) Explain the terms disparate treatment and disparate
impact. What is the difference between the two?
Answer Given

Disparate treatment refers to intentional discrimination and involves treating one
class of employees differently from other employees. Disparate impact refers to
unintentional discrimination and involves employment practices that appear to be
neutral but adversely affect a protected class of people. Thus, the difference
between the two is that disparate treatment refers to intentional discrimination
whereas disparate impact refers to unintentional discrimination.

(p. 27) What are the general provisions of the Rehabilitation
Act (1973)?
Answer Given

The Rehabilitation Act of 1973, as amended, contains the following general
provisions. It: • prohibits discrimination against handicapped individuals by
employers with federal contracts and subcontracts in excess of $2,500; • requires
written affirmative action plans (AAPs) from employers of 50 or more employees
and federal contracts of $50,000 or more; • prohibits discrimination against
handicapped individuals by federal agencies; • requires affirmative action by
federal agencies to provide employment opportunities for handicapped persons; •
requires federal buildings to be accessible to handicapped persons; • prohibits
discrimination against handicapped individuals by recipients of federal financial
assistance.

(p. 24-25) Write a short note on the Equal Pay Act.
Answer Given

The Equal Pay Act is actually part of the minimum wage section of the Fair Labor
Standards Act (FLSA). It prohibits sex-based discrimination in rates of pay for men
and women working on the same or similar jobs. The act permits differences in
wages if the payment is based on seniority, merit, quantity and quality of
production, or a differential due to any factor other than sex. The act also prohibits
an employer from attaining compliance with the act by reducing the wage rate of
any employee. Generally, the act covers employers engaged in commerce or in
the production of goods for commerce, employers that have two or more
employees, and labor organizations. Responsibility for enforcing the Equal Pay Act
was originally assigned to the secretary of labor but was transferred to the Equal

Employment Opportunity Commission (EEOC) on July 1, 1979.